The I-9 form, formally known as the Employment Eligibility Verification form, is an essential document required by U.S. federal law to verify the identity and employment authorization of individuals hired for employment in the United States. The responsibility for filling out the I-9 form is shared between the employee being hired and the employer. Here’s a breakdown of who can fill out each section:
Employee Responsibilities:
Section 1: Employee Information and Attestation
- Who Fills It Out: This section must be completed by the employee.
- When It’s Done: It should be filled out on or before the employee’s first day of employment.
- What It Includes: The employee provides their personal information, such as their full name, address, date of birth, and Social Security number (if applicable). They also attest to their citizenship or immigration status by selecting the appropriate category that describes their eligibility to work in the U.S. Finally, the employee must sign and date this section to certify that the information provided is accurate.
Employer Responsibilities:
Section 2: Employer or Authorized Representative Review and Verification
- Who Fills It Out: The employer or an authorized representative designated by the employer fills out this section.
- When It’s Done: It must be completed within three business days of the employee’s first day of employment.
- What It Includes: The employer (or representative) reviews and records information from the documents presented by the employee that establish their identity and eligibility to work in the U.S. The employer must physically examine these documents to ensure they appear to be genuine and relate to the employee presenting them. The employer then completes this section, noting the document details and certifying the date they examined the documents.
Section 3: Reverification and Rehires (if applicable)
- Who Fills It Out: Again, this section is completed by the employer or their authorized representative.
- When It’s Done: This section is filled out when an employee is rehired within three years of the date the original I-9 was completed or when an employee’s work authorization documentation expires and needs to be reverified.
- What It Includes: The employer records the details of the new documents provided by the employee and signs to confirm that the documents have been verified.
Special Considerations:
- Authorized Representative: Employers may designate an authorized representative to fill out Sections 2 and 3 on their behalf, especially in situations where the employer is not physically present to verify documents, such as in remote work situations. This representative could be any individual the employer designates, such as a human resources manager, a personnel officer, a notary public (not acting as a notary), or even a third-party onsite manager.
- Liability: The employer is legally responsible for any violations related to the form or the verification process, even if they use an authorized representative.
Understanding who can fill out which parts of the I-9 form is crucial for maintaining compliance with U.S. employment and immigration regulations. Proper completion of the form ensures that the workforce is legally authorized to work in the United States, safeguarding both the employer and employee against potential legal issues.
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